Legal Question in Criminal Law in Wisconsin

Traffic Stop Drug Arrest--Should it Lead to a Search Warrant for Owner's Residen

I've worked both as a prosecutor and a defense attorney here for a combined 25 years and have seen literally thousands of such cases. The DA could argue that use of drugs in one�s car increases the likelihood of use at home, creating probable cause for a search warrant. Contraband indicating drug distribution found in a car would be even better evidence that the owner might be doing the same thing at home. That being said, the leap from finding a small amount of THC for personal use in a car to a search warrant for the owner's home is a bit extreme by WI standards, in my opinion. The fact that the warrant for the home may be overkill is especially true because simple possession for personal use is charged as a single count regardless of how many small "stashes" of dope are found (i.e., one small baggie in the glove box, one roach in the ash tray, etc.). The additional small quantities have no effect on the penalty, so there is little to be gained by law enforcement by going to all the trouble of searching the home as well. The person is already a proven to be a user and possessor by the traffic related arrest, and finding a little more in the home won't change the outcome of the case. Good luck!